Walters v. Boosinger

At the center of this appeal was a dispute over the ownership of certain real property between appellant Scott Walters, as the administrator of his father Randy Walters' estate and Randy's former girlfriend, respondent Valerie Boosinger. A 2003 deed named Randy and Boosinger as owners in joint tenancy of the Property. Upon Randy's death in 2013, Boosinger claimed sole ownership of the Property as the surviving joint tenant. Scott brought a quiet title claim premised on the theory that the grant deed was void ab initio. The Court of Appeal rejected Scott's claim on appeal that such a claim could be brought "at any time." Instead, the Court concluded that the claim was subject to a statute of limitation and that Scott failed to demonstrate that the trial court erred in concluding that his quiet title cause of action was time barred. Scott also contended that he properly stated a claim for quiet title premised on the alternative theory that Randy and Boosinger severed their joint tenancy in the Property prior to Randy's death. As to this contention, the Court of Appeal concluded that Scott failed to sufficiently allege facts demonstrating such severance and that he did not demonstrate that he could amend his complaint to properly allege a severance of the joint tenancy. Accordingly, the Court concluded that Scott did not properly state a quiet title claim pursuant to this alternative theory either. View "Walters v. Boosinger" on Justia Law